The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1887-02-10
The RIurrn1 Temperence BAN.

Inc changes proposed TO De maze IN /
the present prohibitory liquor law by |
Mr.. Murray's bill are substantially as |
follows: No one but registered phar- |
macists are allowed to obtain or hold a |
permit, and before the probate judge |
is allowed to grant permit the appll- /
cant must present to him certificate |
from the state board of: pharmacy |
showing that the applicant is a duly |
registered pharmacist. The applicant |
will be required to present petition |
signed by at least twenty-four resi- |
dent electors of the city, township or
ward in which the applicant intends
to engage in business. The petition
is required 30 be published at least
two weeks before the application is
heard, in some newspaper hav-
ing a general circulation in the
county. The applicant must also file
with the probate judge good and suf-
ficient bond in the sum of one thou
sand dollars that he will obey the law,
and upon any violation of the law by
him or anyone in his employ, as
druggist, the bond becomes forfeited
to the state of Kansas, and conVlc-
| ton of any such person is made "pri-
ma facie" evidence of such forfeiture.
Only registered pharmacists are al
lowed to sell. Sales can then be made
only upon affidavit of the person buy
| ing. The form of the affida-
Wit is prescribed in the bill
and in addition to the re
quisites of statements under the pres
| ent law the affidavit must also show
that the applicant is over twenty-one
years of age. The affidavits are to be
| furnished in blank form by the county
clerk: The blanks are to be bound in
book form in series of one hundred in
| a book and numbered from one to one
hundred. The county clerk is required
to certify each book over his name and
the seal of his Office with the date of
delivery and to whom such delivery is
made. The county clerk is required
to keep a record of each book so fur
nished and two copies of one blank at
| fidaVit. except as to number, one OF
which shall be retained in his Office.
| Within ten days after furnishing any
book to q druggist the county
clerk is required to file with
record relating to such book, together
with copy of the blank affidavits.
The probate judge is required to make
strict examination of each book of at
fidavits returned by any druggist and
compare them with the record furn-
ished him by the county clerk, and as
certain whether the druggist has re-
turned all affidavits furnished by the
county clerk in blank form, and if the
druggist has not returned all blanks
or affidavits, he is required to show by
his affidavit what has become of the
one missing. Sales can only be made
in full view of the front door of the
place of business of such druggist.
Pharmacists and assistant pharma-
ciSts are empowered to administer the
affidavits for the purposes of the law.
| When for any reason the act is not
enforced in any county, the attorney
general is empowered to appoint one
or more assistants to enforce it, who
IShall have the same power as the
county attorney. When the fee of $25
allowed by law for conviction upon
each count, is not paid by the defend
ant before ten days after his release
from Jail, the county shall become liza
bic to the attorney general for such
fee. The manufacturer is to sell only
to druggists having a permit, and that
without any affidavit as now provided
by law.
False signing and false swearing to
the affidavits are punished as forgery
and perjury. The probate judge and
county clerk are punished for neglect
of duty, by fine and forfeiture of Of
fee. The druggist is punished by a
fine of from 800 to $500
and by imprisonment of not
less than thirty nor more
than ninety days for selling without
the affidavit provided by the act, or on
any other affidavit, or for attempt to
return any other than the proper aft
davits to the probate judge. Other
penalties prescribed by the present
law are retained the same.-Capital.